If you are separated from your spouse and are unable to maintain yourself, or if you require financial support for yourself or your child, the law may provide remedies for claiming maintenance and financial assistance.
Depending on the circumstances of the case, maintenance may be sought under the applicable matrimonial, family or other relevant statutory provisions. The nature and extent of relief will depend upon factors such as the parties' financial circumstances, income, needs, dependants and other facts of the case.
At Tabish Sarosh & Associates, we assist clients in determining the appropriate legal provision under which a claim may be made and in pursuing the matter before the competent court.
Our assistance may include:
- Assessing your eligibility to seek maintenance;
- Identifying the appropriate statutory remedy based on your circumstances;
- Preparing and filing maintenance applications;
- Assisting in matters concerning interim and final maintenance;
- Addressing issues relating to the income, assets and financial capacity of the parties;
- Responding to or defending maintenance claims; and
- Advising on enforcement of maintenance orders where required.
If you are unsure whether you are entitled to maintenance or which legal provision applies to your situation, our team can review the facts of your matter and advise you on the appropriate course of action.
Maintenance laws in India were enacted to provide social justice and to protect women, children, and parents. Legally, maintenance means providing financial support for a person’s living expenses — covering food, clothing, and shelter.
The object of maintenance is not to punish a person for past neglect, but to prevent vagrancy by compelling those with means to support those who are unable to maintain themselves. Courts across Delhi — from Saket Family Court to Delhi High Court — deal with thousands of such petitions every year.
Maintenance Under Different Laws in India
A maintenance claim can be filed under three different legal frameworks depending on your religion, circumstances, and the relief you seek:
Hindu Law (HMA & HAMA)
Section 24 HMA (maintenance during proceedings) & Section 18 HAMA (wife’s right to separate residence & maintenance).
Section 144 BNSS (125 CrPC)
A secular provision applicable to all religions. Covers wives, minor children, and parents unable to maintain themselves.
PWDVA 2005
Section 20 of the Protection of Women from Domestic Violence Act grants monetary relief to women in any domestic relationship.
Maintenance Under Hindu Law
Hindu maintenance law is governed by two separate Acts:
a) Section 24 – Hindu Marriage Act, 1955 (Maintenance Pendente Lite)
Section 24 provides financial assistance to an indigent spouse during the pendency of proceedings (pendente lite). Its object is to ensure the spouse has sufficient funds to maintain themselves and to carry on the litigation — so they do not suffer in the case proceedings for want of funds.
Key Points: Section 24 HMA
- Applicable to both husband and wife (either can apply)
- Available in divorce, judicial separation, restitution of conjugal rights proceedings
- Court considers income, property, and lifestyle of both parties
- Granted quickly as interim relief while the main case continues
b) Section 18 – Hindu Adoption and Maintenance Act, 1956
Section 18 HAMA provides for the right of maintenance of a Hindu wife and children (whether legitimate or illegitimate). Critically, Clause 2 states that a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance in specified circumstances such as cruelty, bigamy, leprosy, a concubine in the house, desertion, or conversion.
Maintenance Under Section 144 BNSS (125 CrPC)
Section 144 BNSS (formerly 125 CrPC) is the most widely used maintenance provision in India. It is a secular law applicable to all religions — Hindu, Muslim, Christian, Parsi, and others. Its main aim is to give statutory recognition to the moral, legal, and fundamental duty of a person to maintain their wife, children, and aged parents.
The judge while granting maintenance under this section shall take into account any maintenance already granted under any personal law — the two operate distinctly and should not conflict.
Who Can Claim Maintenance Under Section 144 BNSS?
- Wife — including a divorced wife (until remarriage) who has not remarried
- Legitimate or illegitimate minor children under the age of 18 years
- Major children suffering from physical or mental abnormality/injury who cannot maintain themselves
- Father or mother unable to maintain themselves
Who Is NOT Eligible for Maintenance Under Section 144 BNSS?
- A wife who is living in adultery
- A wife who has wilfully deserted the husband without any sufficient reason
- Working persons with sufficient means to maintain themselves
- Major children (18+) without a physical/mental disability
Maintenance Under the Protection of Women from Domestic Violence Act, 2005
Under Section 20 of the PWDVA, 2005, a woman can claim monetary relief — including maintenance — against the respondent. The provision ensures that every woman in a domestic relationship (marriage, live-in, shared household) is not deprived of basic amenities like food, clothing, shelter, medical expenses, and loss of earnings.
Why PWDVA Is Often Preferred:
- Covers live-in relationships, not just marriage
- Allows simultaneous applications for protection orders, residence orders & monetary relief
- Fast-track procedure before Magistrate court
- Covers women in shared household irrespective of ownership